IN THE HIGH COURT OF NEW ZEALAND WHANGANUI REGISTRY
I TE KŌTI MATUA O AOTEAROA WHANGANUI ROHE
CRI 2018-483-13
[2019] NZHC 855
BETWEEN ELSIE EVE BUCKINGHAM
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 15 April 2019 via AVL Appearances:
No appearance for Appellant
C C Wilkinson-Smith and R N Benic for Respondent
Judgment:
16 April 2019
JUDGMENT OF MALLON J
Introduction
[1] Ms Buckingham was convicted of driving in a dangerous manner following a judge-alone trial in the Whanganui District Court.1 She was sentenced to pay Court costs of $130, reparation payments of $300 and disqualified from holding or obtaining a driving licence for a period of three months commencing 10 December 2018.
[2] Ms Buckingham filed an appeal against her conviction and sentence on 10 December 2018. She also requested that her sentence be deferred until after the appeal. The appeal was set down for hearing on 4 February 2019. It has since been adjourned a number of times, most recently to 15 April 2019. Ms Buckingham did not appear at the scheduled hearing on that date, nor at the previous scheduled dates.
1 Police v Buckingham [2018] NZDC 25628. The charge was under the Land Transport Act 1998, s 35(1)(b). It carries a maximum penalty of either three months’ imprisonment or a fine not exceeding $4,500. The court must also disqualify the person from holding or obtaining a driver licence for six months or more. This is subject to s 81 of the Act which allows the court not to order disqualification or order disqualification for a period shorter than six months if there are special reasons relating to the offence
BUCKINGHAM v POLICE [2019] NZHC 855 [16 April 2019]
The respondent seeks that the appeal be dismissed under s 338 of the Criminal Procedure Act 2011.
Dismissal under s 338 of the Criminal Procedure Act
Procedural background
[3] After filing her appeal on 10 December 2018, the procedural history is as follows:
(a)The appeal was initially set down to be heard on 4 February 2019. The appellant’s submissions were due on 21 January 2019. These were not received. On 25 January 2019 the matter was adjourned to 14 February 2019.
(b)Ms Buckingham emailed the Court Registry on 13 February 2019. She wanted a two month adjournment to get disclosure from Whanganui Police about a trespass order she had sought from them against a man who had allegedly stalked and harassed her and who was known to Kate Kellick and Alex McKenzie (the complainants in this case). This information was arguably relevant to the issue of what Ms Buckingham believed to be the circumstances at the time of the alleged dangerous driving incident on 30 January 2018 and therefore relevant to her self- defence argument. Ms Buckingham also said she was seeking a report from a crash report in support of her appeal. The respondent did not oppose the adjournment request but sought a shorter timeframe for the adjournment than the two months that was sought. The parties…
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- [2019] NZHC 855
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